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PO#:461001190
<br /> Routing#: 19-HA4-ZG-00058
<br /> SECTION 25-SPECIAL PROVISIONS
<br /> These Special Provisions apply to all contracts except where noted in italics
<br /> 1. CONTROLLER'S APPROVAL.CRS§24-30-202(1).This contract shall not be valid until it has been approved by the Colorado State
<br /> Controller or designee.
<br /> 2. FUND AVAILABILITY.CRS§24-30-202(5.5).Financial obligations of the State payable after the current fiscal year are contingent upon
<br /> funds for that purpose being appropriated,budgeted,and otherwise made available.
<br /> 3. GOVERNMENTAL IMMUNITY.No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any
<br /> of the immunities,rights,benefits,protections,or other provisions,of the Colorado Governmental Immunity Act,CRS§24-10-101 et seq.,or the
<br /> Federal Tort Claims Act,28 U.S.C.§§1346(b)and 2671 et seq.,as applicable now or hereafter amended.
<br /> 4. INDEPENDENT CONTRACTOR.Contractor shall perform its duties hereunder as an independent contractor and not as an employee.Neither
<br /> Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.Contractor and its employees and
<br /> agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise
<br /> provide such coverage for Contractor or any of its agents or employees.Unemployment insurance benefits will be available to Contractor and its
<br /> employees and agents only if such coverage is made available by Contractor or a third party.Contractor shall pay when due all applicable
<br /> employment taxes and income taxes and local head taxes incurred pursuant to this contract.Contractor shall not have authorization,express or
<br /> implied,to bind the State to any agreement,liability or understanding,except as expressly set forth herein.Contractor shall(a)provide and keep
<br /> in force workers compensation and unemployment compensation insurance in the amounts required by law,(b)provide proof thereof when
<br /> requested by the State,and(c)be solely responsible for its acts and those of its employees and agents.
<br /> 5. COMPLIANCE WITH LAW.Contractor shall strictly comply with all applicable federal and State laws,rules,and regulations in effect or
<br /> hereafter established,including,without limitation,laws applicable to discrimination and unfair employment practices.
<br /> 6. CHOICE OF LAW.Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,execution,and
<br /> enforcement of this contract.Any provision included or incorporated herein by reference which conflicts with said laws,rules,and regulations
<br /> shall be null and void.Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in
<br /> part shall not be valid or enforceable or available in any action at law,whether by way of complaint,defense,or otherwise.Any provision
<br /> rendered null and void by the operation of this provision shall not invalidate the remainder of this contract,to the extent capable of execution.
<br /> 7. BINDING ARBITRATION PROHIBITED.The Stale of Colorado does not agree to binding arbitration by any extra-judicial body or person.
<br /> Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.
<br /> 8. SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00.State or other public funds payable under this contract shall
<br /> not be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing
<br /> restrictions.Contractor hereby certifies and warrants that,during the term of this contract and any extensions,Contractor has and shall maintain
<br /> in place appropriate systems and controls to prevent such improper use of public funds.If the State determines that Contractor is in violation of
<br /> this provision,the State may exercise any remedy available at law or in equity or under this contract,including,without limitation,immediate
<br /> termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
<br /> 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST.CRS§§24-18-201 and 24-50-507.The signatories aver that to their
<br /> knowledge,no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.
<br /> Contractor has no interest and shall not acquire any interest,direct or indirect,that would conflict in any manner or degree with the performance
<br /> of Contractor's services and Contractor shall not employ any person having such known interests.
<br /> M. VENDOR OFFSET.CRS§§24-30-202(1)and 24-30-202.4.[Not Applicable to intergovernmental agreements]Subject to CRS§24-30-202.4
<br /> (3.5),the State Controller may withhold payment under the States vendor offset intercept system for debts owed to State agencies for:(a)unpaid
<br /> child support debts or child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in CRS§39-21-101,et
<br /> seq.;(c)unpaid loans due to the Student Loan Division of the Department of Higher Education;(d)amounts required to be paid to the
<br /> Unemployment Compensation Fund;and(e)other unpaid debts owing to the State as a result of final agency determination or judicial action.
<br /> 11. PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicable to agreements relating to the offer,issuance,or sale of
<br /> securities,investment advisory services or fund management services,sponsoredprojects,intergovernmental agreements,or information
<br /> technology services or products and.services]Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an
<br /> illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for
<br /> employment in the United States to perform work under this contract,through participation in the E-Verify Program or the Department program
<br /> established pursuant to CRS§8-17.5-102(5)(c),Contractor shall not knowingly employ or contract with an illegal alien to perform work under
<br /> this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
<br /> contract with an illegal alien to perform work under this contract.Contractor(a)shall not use E-Verify Program or Department program
<br /> procedures to undertake pre-employment screening of job applicants while this contract is being performed,(h)shall notify the subcontractor and
<br /> the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal
<br /> alien for work under this contract,(c)shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal
<br /> alien within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course of an investigation,undertaken
<br /> pursuant to CRS§8-17.5-102(5),by the Colorado Department of Labor and Employment.If Contractor participates in the Department program,
<br /> Contractor shall deliver to the contracting State agency,Institution of Higher Education or political subdivision a written,notarized affirmation,
<br /> affirming that Contractor has examined the legal work status of such employee,and shall comply with all of the other requirements of the
<br /> Department program.If Contractor fails to comply with any requirement of this provision or CRS§8-17.5-101 el seq.,the contracting State
<br /> agency,institution of higher education or political subdivision may terminate this contract for breach and,if so terminate,Contractor shall be
<br /> liable for damages.
<br /> 12. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.Contractor,if a natural person eighteen(18)years of age or older,
<br /> hereby swears and affirms under penalty of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to
<br /> federal law,(b)shall comply with the provisions of CRS§24-76.5-101 et seq.,and(c)has produced one form of identification required by CRS
<br /> §24-76.5-103 prior to the effective date of this contract.
<br /> Revised 1-1-09
<br /> Document Builder Generated Page 7 of 33
<br /> Rev. 12/09/2016
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